Court of Appeal slashes killer’s time behind bars

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This article was published 03/07/2009 (6239 days ago), so information in it may no longer be current.

Cheyenne Nelson shot a man in the head at point-blank range in what a judge described as a "callous, cowardly and cold-blooded" act.

The Winnipeg gang associate was convicted of second-degree murder and ordered to spend life in prison with no chance of parole for at least 20 years — but Manitoba’s highest court has decided Nelson was unfairly punished by Queen’s Bench Justice Perry Schulman.

Manitoba Court of Appeal Justices Martin Freedman and Barbara Hamilton ruled this week that Schulman didn’t properly consider Nelson’s background, his positive lifestyle changes and his "character." They reduced his parole eligibility to 15 years.

"Failure to (reduce the sentence) would not only be an error in principle, it would send a most inappropriate signal to those whom society has properly punished, but who at the same time society wishes would reform their ways," Freedman wrote in his decision.

Not everyone agrees. Appeal court Justice Michel Monnin broke away from the majority and said he believes Schulman’s original sentence should stand. He said the killing was "as close to being an execution as possible" and noted Nelson’s long history of random violence with weapons.

"The sentencing judge heard all of the evidence at trial and had a more thorough understanding of all the facts relative to the murder and the character of the accused than I can glean from the appeal book and factums filed," Monnin wrote.

Shawn Stephen Moore was found dead in the foyer of an Andrews Street residence on Feb. 1, 2004. He was killed by a single gunshot wound to the head. Jurors heard testimony from people who were in the home at various times to buy or use crack cocaine. Moore had been working the door that night at the drug den, court was told.

Nelson, 26, lured Moore to the front of the house and killed him "without any altercation and for no apparent reason," said Schulman. He used a sawed-off shotgun with a rifle slug as a projectile, which the judge said would be used to hunt big game.

Nelson was out on statutory release at the time of the killing. Jurors were asked following their verdict if they wished to make any recommendations on parole eligibility. They declined.

Defence lawyer Greg Brodsky told the judge his client comes from a horrendous background that includes having a sister and mother with AIDS, a brother in jail and another sister who is a prostitute.

Nelson apologized to the victim’s family and then spoke at length about his troubled life, which he said included being sexually abused as a child.

Brodsky also called a case worker from Headingley jail who told court Nelson appears ready to change his life and forsake his gang connections.

The appeal court said her evidence should have been given greater consideration by Schulman.

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